sec_5_2_1__para

In order to compensate for the structurally weaker position of consumers, who may not be aware of their rights and may, therefore, not raise the unfairness of contract terms, national courts, as a neutral instance, play an active role in proceedings involving unfair contract terms. Since its ruling of 4 June 2009 (378), the Court has consistently held that national courts are under an obligation to assess unfair contract terms of their own motion (ex officio), i.e. even if the unfairness of contract terms is not raised by the consumer:

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.